California Criminal Defense Lawyers

As of this week, it is illegal under California law to “skim”, steal, or download data from an RFID (radio frequency identification) device.

RFID chips are used in a host of consumer devices, from credit cards, ID cards, and keyless lock mechanisms for cars and office doors. They communicate data wirelessly to authenticate a wide variety of different transactions.

The penalty for this misdeameanor charge is up to 1 year in jail, and a $1500 fine, just for accessing and downloading the data in the RFID device. In many cases, doing so is for purposes of fraud, theft, or other criminal violations, so other related offenses may also be brought in these cases.

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If you are accused of any kind of theft, fraud, or other criminal offense in California, please contact us for a legal case evaluation and consultation.

In addition to previous mentioned controversies about California’s Proposition 6, a ballot initiative to increase some criminal penalties and criminal justice funding, new questions are emerging. As can be the case with these massive proposals, there are small facts buried deep in the text that can have significant impact.

As noted by one local editorial board, the measure will:

• Require yearly criminal background checks on anyone living in California public housing; and
• It will create a new state agency tasked to created and distribute public services announcements about crime issues.

These may or may not be worthwhile efforts, but the sheer complexity and bureaucracy of this effort is staggering. A ballot measure that has the primary goal of helping to reduce gang violence and criminal conduct by creating tougher penalties, and providing additional law enforcement resources in that effort is really a billion dollar gift to every state law enforcement agency’s wish list.

These ideas should be argued on their individual merits, and considered in the context of California’s severe budget problems.

Everyone wants safer streets, but it is impossible to judge the merits of such a complicated and expensive bill. And money spent here will have real trade-offs and impact other existing and proposed efforts to improve the quality of life for everyone in California.

UPDATE: the San Jose Mercury News Editorial Board comes down hard against this proposal, calling it a “hand out” to prosecutors, sherrifs, and police. They suggest that this massive bill is simply throwing more money at many failed law enforcement initiatives, at a time when crime is going down, and the state budget is facing critical shortfalls.